A meeting of the working group was held, which continues to develop the draft Law of Ukraine “On Amendments to the Law of Ukraine “On Electronic Communications” (to combat phishing)” (No. 9250 of April 28, 2023) and the alternative draft Law of Ukraine “On Amendments to the Law of Ukraine “On electronic communications” (on improving the regulation of the electronic communication service of determining the location of a domain on the Internet and combating phishing)” (No. 9250-1 of May 15, 2023).
.in_text_content_22 { width: 300px; height: 600px; } @media(min-width: 600px) { .in_text_content_22 { width: 580px; height: 400px; } }
The working group is attended by representatives of the Ukrainian Association of Telecom Operators “Telas”, the Association “Telecommunications Chamber of Ukraine”, the Internet Association of Ukraine (INAU), representatives of the National Commission that carries out state regulation in the fields of electronic communications, radio frequency spectrum and postal services and representatives of electronic communications suppliers , secretariat of the Committee on Digital Transformation.
Market representatives included in the working group expressed their position on the registry bills. Nos. 9250, 9250-1 and discussed their revision.
Representative of INAU M. Komissaruk reported that the position of the Association was expressed in a letter sent to the Council Committee on Digital Transformation and is that the bills are not supported, since during martial law the issue was resolved at the level of the National Center for Operational and Technical Management of Telecommunications Networks (NTC), and at other times At the time, the proposed regulation is unsuccessful, and the issues are regulated by the provisions of the Criminal Code and the Criminal Code of Ukraine, which balance corruption risks when making decisions.
Telas representative A. Freyuk reported that based on the results of the consideration of the bills, a key proposal was formed about the inexpediency of regulating the relevant issues defined by the bills at the level of laws and the advisability of regulating them at the level of by-laws after the end of the legal regime of martial law.
Head of the Television Chamber T. Popova noted that the issue for the period of the legal regime of martial law has already been resolved, and in addition there is the Law of Ukraine “On the Protection of Information in Information and Communication Systems” and the Criminal Code, and the powers of law enforcement agencies are sufficiently defined to bring offenders to criminal or administrative liability. The Law of Ukraine “On Electronic Communications” should not regulate legal relations that are unusual for it in terms of regulation, therefore, if there is an opinion that the issue is not sufficiently regulated, a bill should be prepared to amend the Law of Ukraine “On the Protection of Information in Information and Communication Systems” and the Criminal Code, taking into account the powers NBU. It is inappropriate to adopt the bills in the proposed form.
NKEK member V. Troshchenko noted that the Law of Ukraine “On Electronic Communications” was developed to implement the norms of the EU Electronic Communications Code, which, in turn, is aimed at regulating electronic communications, and does not regulate the issue of content transmitted by networks, including access to network resources, therefore one should agree with representatives of the industry that certain definitions regarding phishing and related sites are the subject of the Criminal Code, which defines misconduct.
And the term DNS contradicts ITU recommendations and refers to other categories not related to regulation. Phishing processes are negative, and they must have certain prevention and prevention measures, but cannot in any way be subject to regulation by the Law “On Electronic Communications”, and therefore must be contained in another part of national legislation.
Representative of PJSC “PF Ukraine” D. Sych in his speech, he noted the importance of a systematic approach to the mechanism for restricting access to the provision of electronic communication services, including Internet resources, since recent changes in legislation have acquired the power of some bodies to provide unbalancing legislation to restrict access to network resources, therefore he proposed that the procedure for restricting access should be is the same for everyone and is included in the Law “On Electronic Communications”.
The participants of the meeting proposed to formulate an initiative and send it to the Committee so that the people’s deputies of Ukraine, members of the Committee, can familiarize themselves with it.
Representative of INAU V. Kukovsky reported that INAU has repeatedly addressed the Committee with letters so that the decision on blocking is made in peacetime solely on the basis of a court decision and INAU has an analysis of the legislation on blocking; a corresponding letter will be sent to the Committee.
Participants believe that since phishing is inherently a fraudulent activity, its definition and liability for its commission should be regulated by criminal law, including the recommendations of the FATF.
Let us recall that in the summer of 2023, market operators proposed to the National Bank a transparent and legal mechanism for blocking phishing domains. Chairman of the Board of the Internet Association of Ukraine (InAU) Alexander Savchuk announced this in a letter to the NBU.
InAU unites more than 220 enterprises in the information and communication technologies industry. They are concerned about repeated attempts at opaque interference in their activities, often reminiscent of the actions of the Russian regulator Roskomnadzor.
Source: Racurs
I am David Wyatt, a professional writer and journalist for Buna Times. I specialize in the world section of news coverage, where I bring to light stories and issues that affect us globally. As a graduate of Journalism, I have always had the passion to spread knowledge through writing.